§ 5783. Hazardous materials accidents
(a) No action for damages to person or property may be maintained against a person who
provides emergency assistance or advice in mitigating or attempting to mitigate the
effects of an actual or threatened accidental discharge of hazardous materials, or
in preventing, containing, or cleaning up or in attempting to prevent, contain, or
clean up any such discharge. This section shall apply to assistance or advice provided
at or to persons at the scene or in the immediate vicinity of the actual or threatened
discharge only.
(b) Subsection (a) of this section shall not apply:
(1) to any person, or the employer or employee of any person, whose act or omission proximately
caused in whole or in part the original actual or threatened discharge;
(2) to any person, or the employer or employee of any person, who receives or expects
to receive compensation or remuneration, other than reimbursement for out-of-pocket
expenses, for services in rendering such assistance or advice from the recipient of
such assistance or advice, from a person whose act or omission caused in whole or
in part the discharge, or from someone acting on behalf of such persons; or
(3) to any person who is not qualified by training, education, or experience, unless the
person is supervised by a person who is so qualified.
(c) As used in this section:
(1) “Discharge” includes leakage, seepage, or other release.
(2) “Hazardous materials” include all materials and substances which are now or hereafter
designated or defined as hazardous by any state or federal law or by the regulations
of any state or federal government agency.
(3) “Person” includes any individual, partnership, corporation, association, or other
entity, including a person who coordinates or provides advice and assistance in conjunction
with an emergency response program.
(d) Nothing in this section shall be construed to limit or otherwise affect the liability
of any person for damages resulting from that person’s gross negligence or willful
misconduct. (Added 1991, No. 192 (Adj. Sess.).)